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cc-licenses - Re: [cc-licenses] Granularity on non-commercial restrictions

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Subject: Development of Creative Commons licenses

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  • From: Stefan Tiedje <Stefan-Tiedje AT addcom.de>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] Granularity on non-commercial restrictions
  • Date: Thu, 24 Nov 2005 13:37:35 +0100

drew Roberts wrote:
Ah, but after thirty generations of combinations, what then. I understand how it could be clean and simple in the first generation.

In art its much more likely to have only one generation. I don't even know one musical piece which is the arrangment of an arrangement. If you're going to arrange some music you'd always take the original to start with. This question has no practical meaning beside programming and maybe DJing (But even as a DJ you would just pass compensation to your sources, and those could pass on if necessary).

almost, it would be either BY-SA-FCE (Fair Compensation Encouraged) or
BY-SA-NC-FCR (Fair Compensation Required) where it means the commercial
use requires a compensation, but the user will determine the amount,
which will be accepted in any case. The latter would not need a change
in the BY-SA-NC license, because the FCR would only cover the commercial
use. It could then be redistributed either just with BY-SA-NC or again
BY-SA-NC-FCR The FCR would add some freedom, as its possible to use it
commercially under hopefully easy to understand circumstances.


I need to read that again and try to digest it when I am not so tired.

I digested myself a little further:
There are two aspects: Simplicity/ease of use, and the use of a well known brand (CC).

For the case of BY-SA-NC-FCR its already possible, as the NC license does not cover the commercial use. I could just give it away as BY-SA-NC and additionally independently as FCR. But the sole FCR is missing the ease of use, because its not wide spread or well known enough.

The Case of BY-SA-FCE is more complicated, as the license itself would need a clause which requires to look at the FC-description as part of the license which must not be removed, though there is no legal difference in practice in comparison to a pure BY-SA.

The idea of Fair Compensation is only one possible way of expressing a wish of the creator that could be accompanied with the work. It could be anything else. (Like: please pray for my damned soul, give a dollar to the refugees, send me an e-mail... or what ever you might think of)

In most cases I could think of BY-SA as the ideal license if I just could attach something to it which must not affect any legal issues of the original BY-SA licenes, but is like the obligation to name the author (BY) to also express the authors other thoughts.
This could be called (BY+). Its would be like BY, but with the obligation to add a text, which is not part of the work, but part of the license.
If we would find a clear way to modify the license and still be able to call it CC (as a brand name) this could be a solution.

You could of course, suppress the need and find a free work that inspires you and start your creation from there.

No thats impossible, it would just make it impossible to publish that work at all.
Normally its not a big deal, I once made a piece based on a poem of Ingeborg Bachmann, I just asked the publisher and they told my "go ahead". No compensation involved as far as I know.

You guess wrong. Severl years ago, it would have been a good guess, but not today. Today, I actively seek out Free Music (libre) and am spending my own money and time towards the creation of Free Music.

I also only want to give minimal if any cranial capacity to non-free works. It is too restricting of my own creativity as you touched on above.

You're limiting yourself that way ;-)

Freedom is a powerful thing. It can hurt, but it is better than chains.

And its also always the question about the freedom of whom. The idea of a copyright of the creators of a work was a big step towards freedom for the creators. They suddenly could decide about compensation. At the same time it was less freedom for the publishers, they could not just make profit without fair compensation.
Nowadays the world has changed. We have to consider freedom of people and freedom of copies of works, which are two completely different beasts. I think the freedom of humans is more important than the freedom of a work. As any author usually does want the works to be spread, there is not much danger of loss of works.

Stefan

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Stefan Tiedje
Klanggestalter
Electronic Composition
&
Improvisation

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